Crop Production Services Inc. v. CLS Farms, LLC et al
DEFAULT JUDGMENT in favor of Crop Production Services Inc. against Lynn Simmons in the amount of $113,366.15, denying as moot 8 MOTION for Default Judgment as to Chris Simmons; Lynn Simmons filed by Crop Production Services Inc., and granting 11 MOTION for Default Judgment as to Lynn Simmons filed by Crop Production Services Inc... Signed by Honorable Robert T. Dawson on October 29, 2014. (rw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
CROP PRODUCTION SERVICES INC.
NO. 6:14-cv-6031 RTD
CLS FARMS, LLC, LYNN SIMMONS
and CHRIS SIMMONS
Pending before the Court is Plaintiff’s First Amended Motion for Entry of Default
Judgment (doc. 11). After review of the Motion and its file, and after considering
applicable law, the Court finds the Amended Motion (doc. 11) should be GRANTED, the
original Motion (doc. 8) DENIED AS MOOT, and concludes as follows:
This Court has jurisdiction of the subject matter of, and parties to, this
action, and venue is proper.
Plaintiff’s Complaint was filed herein on March 7, 2014.
As evidenced by affidavits of service on file with this Court, Plaintiff’s
Complaint was served on Chris Simmons and Lynn Simmons on April 10, 2014, and on
CLS Farms, LLC, on April 24, 2014.
Plaintiff’s Motion seeks a default judgment against Separate Defendant
Lynn Simmons. Lynn Simmons has failed to plead or otherwise defend and respond
to Plaintiff’s Complaint within the time allowed by F.R.C.P. 12(a). Plaintiff filed an
affidavit in support of default on June 2, 2014, and the U.S. District Clerk entered
default against Lynn Simmons on the same day.
Plaintiff has submitted an Affidavit of Maribeth McConal establishing the
amount of Plaintiff’s damages to be $113,366.15. Plaintiff also submitted an Affidavit
of its counsel, John Mark Stephens, establishing attorney’s fees and costs in the
amounts of $4,532.38 and $699.77, respectively. No additional affidavit or hearing
under oath regarding the amount of damages is necessary.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED that
Plaintiff, Crop Production Services, Inc., should be, and is hereby, awarded judgment
against Separate Defendant, Lynn Simmons, in the amount of $113,366.15, plus
attorney’s fees and costs in the amounts of $4,532.38 and $699.77, together with
post-judgment interest at the rate of .11% per annum on all of the foregoing as
allowed by law, for all of which execution and garnishment may immediately issue.
IT IS SO ORDERED.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
UNITED STATES DISTRICT JUDGE
DATE: October 29, 2014
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